Asset Sales

A look at best practices for valuing hard to value assets in order to facilitate global case settlement and trust values.

Sponsored by AEGIS Law

Sponsored by SierraConstellation Partners, LLC

Sponsored by Bryan Cave Leighton Paisner LLP

This panel will focus on covering lenders’ perspectives on chapter 11 strategy and options, such as note sales, out-of-court restructurings or formal bankruptcy sales, and will discuss lenders’ and borrowers’ perspectives on regulatory challenges and procedural issues, such as anti-trust and environmental concerns, that are sometimes raised during a bankruptcy case, as well as issues with § 363 sales, DIP milestones and restructuring support agreements.

This panel will discuss why the monetization of intellectual property (IP) has become a key strategic tool in restructuring, bankruptcy and acquisitions, and how the importance of monetization has evolved over decades. The panelists include experts in innovation, the role IP plays in bankruptcy and restructuring, how cross-border situations impact the monetization of IP, post-acquisition integration of the IP “footprint,” and other key topics of interest.

The panelists will cover issues common to § 363 sale processes that can help or harm debtors, creditors, bidders and other parties in interest, including notice, whether covenants really run with the land (§ 363(f)), selling overencumbered property, structured dismissals after Jevic, and venue considerations and recent developments.

Hosted by the Asset Sales and Financial Advisor Committees This panel, comprised of an attorney, an investment banker and a financial advisor, will discuss how to choose the best way to effectuate a sale, such as § 363, Article 9 or assignments for the benefit of creditors. The panelists will devise three scenarios and debate which method they believe is the best, and why.

This program would focus on what each section of 523 is really meant to address. Unfortunately, these complaints, more often than not, tend to recite a story and then the plaintiff tries to establish a cause of action under each provision of 523 to see what will stick, rather than pleading just the correct and applicable section(s).